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  • Benson v. State

    Publication Date: 2006-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A06A1006

    Burchette v. State, 278 Ga. 1 2004, which disapproved of language in an Allen charge stating that a case "must be decided by some jury," did not demand reversal of the present case where such langu

  • Allen v. Wright

    Publication Date: 2006-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: David N. Nelson, Norman C. Pearson III Chambless, Higdon, Richardson, Katz & Griggs LLP, John C. Daniel III and Richard A. Epps Jr. Martin Snow LLP, Macon, for appellant.
    for defendant: . William H. Pinson Jr. Savage, Turner, Pinson & Karsman, Savannah, for appellee. Other party representation: Allen S. Willingham Love & Willingham, Atlanta, and Matthew G. Nasrallah Robertson, Bodoh & Nasrallah LLP, Marietta.
    Case Number: A06A0662

    Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191; 42 U. S. C. 1320d et. seq. preempts O.C.G.A. § 9-1

  • Northlake Med. Ctr. LLC v. Queen

    Publication Date: 2006-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Daniel S. Reinhardt, Michael E. Johnson Troutman Sanders LLP, Alan M. Maxwell and John M. Hawkins Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for appellant.
    for defendant: Richard Kopelman Kopelman Law Group PC, Robert L. Goldstucker and Benjamin S. Persons IV Nall & Miller LLP, Atlanta, for appellee. Other party representation: Allen S. Willingham, Robert P. Monyak Love, Willingham, Peters Gilleland & Monyak LLP, Atlanta, and Matthew G. Nasrallah Robertson, Bodoh & Nasrallah LLP, Marietta.
    Case Number: A06A0540

    HIPAA preempts the medical record release requirement of O.C.G.A. § 9-1

  • Banks v. City of Hampton

    Publication Date: 2006-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Richard W. Hendrix Finch, McCranie, Brown & Thrash, Atlanta, for appellant.
    for defendant: James R. Westbury Jr. Mullins, Whalen & Westbury, Griffin, Stephanie K. Jones, Rex, and Steven M. Fincher Fincher & Hecht LLC, Jonesboro, for appellees.
    Case Number: A06A0159

    A party's financial interest in a case cannot be dispositive of whether he or she is a "nominal party" for venue purposes and venue and jurisdiction are not conferred based on the party with the gre

  • Sterling, Winchester & Long LLC v. Loyd

    Publication Date: 2006-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Frederick L. Wright II Vaughn, Wright & Boyer LLP, Atlanta, for appellant.
    for defendant: Benjamin Allen, Augusta, for appellee.
    Case Number: A06A0990

    The Georgia Supreme Court's decision in Eckles v. Atlanta Technology Group, 267 Ga. 801 1997, foreshadowed the recent ruling on a matter of first impression in Winzer v. EHCA Dunwoody, LLC, 277 Ga.

  • Kania v. State

    Publication Date: 2006-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Beverly Harris, Blairsville, for appellant.
    for defendant: Norman S. Gunter, District Attorney, Dahlonega, for appellee.
    Case Number: A06A0667

    The defendant freely and voluntarily gave his custodial stat

  • Jones v. State

    Publication Date: 2006-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John K. Gross, Metter, for appellant.
    for defendant: William S. Askew, Swainsboro, for appellee.
    Case Number: A06A0355

    The trial court erred in denying the defendant a he on his motion for new trial, since a he on the motion was scheduled and defendant took no action to waive or abandon the he

  • Milton v. State

    Publication Date: 2006-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Harold W. Wallace III and Sara E. Meyers, Thomson, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, and Durwood R. Davis, Assistant District Attorney, Thomson, for appellee.
    Case Number: A06A0620

    The trial court did not err in joining the charges involving separate, but related, victims for trial, since the crimes showed a common motive, plan, scheme or bent of mind pa

  • Luong v. Tran

    Publication Date: 2006-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Larry J. White and Kevin J. Jones Smith, White, Sharma & Halpern, Atlanta, for appellant.
    for defendant: . Glenn S. Bass and Michelle R. Kraynak Goldner, Sommers, Scrudder & Bass, Atlanta, for appellees.
    Case Number: A06A0708

    The plaintiff failed to show that the defendant had knowledge of alleged third party criminal activity occurring on its pro

  • Amstead v. McFarland

    Publication Date: 2006-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Allen L. Broughton Broughton & Fernandez, Roswell, for appellant.
    for defendant: Robert P. McFarland McFarland & Assocs., and Randall A. Meincke, Cumming, for appellee.
    Case Number: A06A0001

    Attorney was entitled to of only the father's portion of $325K ement attorney procured for the wrongful death of the father and the mother's son, since the mother withdrew from the suit prior t